STATE OF RAJASTHAN Vs. MOHAN LAL

JUDGEMENT

(1.) THIS criminal appeal under Section 378 (1) (3) Cr. P. C. has been filed against the judgment dated October 12, 1979, passed by Munsiff and Judicial Magistrate, Bharatpur, in case No. 247 of 1976.

(2.) IT will suffice for the purposes of this appeal to state that on June 17, 1975 samples of 'laddu' of 'nukhti' were taken from respondent Mohan Lal, who was selling the same. For the purposes of sample, 'laddus' weighing 1500 Gms. were taken after paying to the respondent its price and he was told that the samples of the 'laddu' shall be sent to Public Health Laboratory for analysing the same. Three containers of the sample were sent to Public Analyst, Jaipur, from which a report was received that the Laddus' were adulterated. Thereupon, the respondent was challaned under sec. 7/16 of the Prevention of Food Adulteration Act, 1954, in the court of Chief Judicial Magistrate, Bharatpur, from where the case was transferred to Munsiff and Judicial Magistrate, Bharatpur who after recording the evidence and hearing both the parties acquitted the accused-respondent as stated above.

(3.) ON going through the statement of Jammuna Prasad (PW 1), Nawal Singh (PW 2) and Sita Ram (PW 3) it is amply proved that the Food Inspector Jamuna Prasad (PW1) did visit the shop of the respondent 'bharatpur Mishthan Bhandar', and took samples of 'laddu' weighing 1500 Gms. after paying the necessary price and three containers for sending samples of 'laddu' were prepared. The only ground, on which the trial court has acquitted the respondent is on account of non compliance of Rule 7 of the Prevention of Food Adulteration Rules, 1955. ON analysing the statement of Jamuna Prasad (PW 1) Food Inspector with a view to see whether Rules 7, 17 & 18 were complied with, it will be seen that he has stated in his statement that the containers containing the sample of 'laddu' were sealed and extra copy of the Form No. VII was sent by registered post to Public Health Analyst. Therefore, compliance of Rule No. 18 was made. Rule No. 17 lays down the manner of despatching containers of sample. Its bare reading shows that what is required is that, the sealed container of one part of the sample for analysis and a memorandum in Form No. VI ( shall be sent in a sealed packet to the public analyst immediately but not later then the succeeding working day by any suitable means. It is, therefore, incumbent that while sending the sealed container of the sample for analysis, a memorandum in Form No. VII must be sent in the sealed packet. Rule 18 requires that a copy of the memorandum and a specimen impression of the seal used to seal the packet shall be sent to the public analyst separately by registered post or delivered to him or to any person authorised by him. Rule 7 lays down the duties of public analyst when he receives the package containing a sample for analysis from a Food Inspector or any other person. It has been laid down in sub-rule (1) of Rule 7 that on receipt of a package containing a sample for analysis from a Food Inspector or any other person It has been laid down in sub-rule (1) of Rule 7 that on receipt of package containing a sample for analysis from a Food Inspector or any other person the public analysis or an officer authorised by him shall compare the seals on the container and the outer cover with specimen impression received separately and shall note the condition of the seals thereon. It will be seen from the statement of Jamuna Prasad (PW 1) that he has not stated any where that the container of the sample was kept: in outer cover along with the Form No. VII and thereafter, sent to the public analyst. Therefore, it is evident that compliance of Rule 7 was not made, which requires that the container should be kept in outer cover and again sealed and thereafter, sent to the public analyst. Rule 7 is mandatory. In no event the full rigour of Rule 7 should be relaxed so as to result in effective deprivation of the right of the accused person given to him under law. In the case of State of Rajasthan Vs. Ram Sahai (supra), it was held by this Court that since the report of the public analyst was not in the amended prescribed forms, therefore, the compliance of Rules 17 and 18 could not be said to have been made, and the appeals of the State were dismissed. In the present case also the compliance of Rule 7 has not been made as stated above. The trial court has rightly applied the ratio laid down in the case of State Vs. Ram Sahai (supra) to the facts of the present case. The Rules have been framed and strict compliance of Rules, 7, 17 & 18 is expected to safeguard the rights of the accused-persons. Since the compliance of the Rule 7 as shown above was not made, no presumption as claimed by the State,